Date of Filing : 29/04/2022
Date of Judgement : 01/11/2023
Sri Subir Kumar Dass, Hon’ble Member
The complainant purchased one Refrigerator (IF 340 Elite plus Omega Steel Refrigerator) from OP2 through OP1 on 12/12/2020 on payment of Rs.32,500/-. Thereafter the said refrigerator started giving problem which the complainant reported to the OP2 on 1/1/2021. Subsequent to lodging of complaint, in repeated occasions, replacement and/or repairing of the said refrigerator was undertaken by OP2 but finally on 4/8/2021 vide their Job Sheet Sl. No.Kol-04082144978, representative of OP2 remarked “defrost censor not working” and thereafter no further service was extended by OP2.
The complainant, time and again, interacted with OP2 through E-mail but of no use. Finally legal notice in the form of Advocate’s letter was served upon OP2 vide letter dated 15/9/2021 which also remained unanswered. Thereafter the complainant lodged this complaint with the prayer of an order directing the OPs to replace the defective refrigerator with a new one along with compensation of Rs.1,50,000/- and litigation cost of Rs.50,000/-.
Since all the OPs failed to contest the case by filing written version within the statutory period, the case proceeded ex parte against all the OPs vide order dated 20/9/2022.
However on a later date, on 16/12/2022, OP2 filed written version which could not be entertained as the order of ex parte proceedings against them already passed on 20/9/2022.
DISCUSSIONS AND FINDINGS
The complainant filed Affidavit-in Chief and BNA in course of proceedings and argument.
We have carefully gone through materials on record as well as verbal submission of the complainant. It is evident from the documents filed by complainant along with the petition of complaint that the complainant purchased the refrigerator on 12/12/2020 at a price of Rs.32,500/-. The said refrigerator started giving problem on a date not later than 1/1/2021 i.e. well within the period of warranty and more to specify within one month of purchase. It is also evident in response to the complainant’s communication, OP2 on several occasions tried to redress the deficiency in service but the OP2 miserably failed to rectify the deficiency in the refrigerator and finally stopped providing any service to that effect from 4/8/2021. From the copy of e-mails as provided by the complainant, it is seen that the complainant in number of occasions on different dates communicated the deficiency to the OP2 and requested for redressal. OP2 also in a number of occasions assured the complainant to provide necessary service but failed to make the refrigerator defect free by way of replacement/repairing.
Thus, OP2 was well aware of the deficiency in service and admitted such deficiencies through communications by e-mail to the complainant.
Since the OPs did not contest the case by filing written version within the stipulated period, the case of the complainant together with the documents and arguments remains unchallenged.
In view of the above, it is observed that the complainant has successfully established it’s case to the effect that major deficiency in service exists on the part of the OP1 and OP2 and therefore deserves an order directing the OP2 to replace defective refrigerator by a new defect-free one of same or identical model along with compensation of Rs.30,000/- and litigation cost of Rs.10,000/- .
HENCE
It is order that
CC No.253/2022 be allowed ex parte against all OPs with cost.
- The defective refrigerator of the complainant shall be replaced by a new defect-free one of same or identical model by OP2 within 30 days from the date of this order
- The OPs also jointly and severally pay Rs.30,000/- as compensation for harassment and mental agony to the complainant together with cost of litigation of Rs.10,000/- within 30 days from the date of this order.
In the event of non compliance by the OPs, the complainant shall be at liberty to initiate necessary action as per law after expiry of the aforesaid period.
Dictated and corrected by me
Member
